TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 13 - SCHOOL LUNCH PROGRAMS

HEAD

Sec. 1760. Miscellaneous provisions

STATUTE

(a) Accounts and records
States, State educational agencies, and schools participating in
the school lunch program under this chapter shall keep such
accounts and records as may be necessary to enable the Secretary to
determine whether the provisions of this chapter are being complied
with. Such accounts and records shall be available at any
reasonable time for inspection and audit by representatives of the
Secretary and shall be preserved for such period of time, not in
excess of five years, as the Secretary determines is necessary.
(b) Agreements with State educational agencies
The Secretary shall incorporate, in the Secretary's agreements
with the State educational agencies, the express requirements under
this chapter with respect to the operation of the school lunch
program under this chapter insofar as they may be applicable and
such other provisions as in the Secretary's opinion are reasonably
necessary or appropriate to effectuate the purposes of this
chapter.
(c) Requirements with respect to teaching personnel, curriculum,
instruction, etc.
In carrying out the provisions of this chapter, the Secretary
shall not impose any requirement with respect to teaching
personnel, curriculum, instruction, methods of instruction, and
materials of instruction in any school.
(d) Definitions
For the purposes of this chapter -
(1) Child. -
(A) In general. - The term "child" includes an individual,
regardless of age, who -
(i) is determined by a State educational agency, in
accordance with regulations prescribed by the Secretary, to
have one or more disabilities; and
(ii) is attending any institution, as defined in section
1766(a) of this title, or any nonresidential public or
nonprofit private school of high school grade or under, for
the purpose of participating in a school program established
for individuals with disabilities.
(B) Relationship to child and adult care food program. - No
institution that is not otherwise eligible to participate in
the program under section 1766 of this title shall be
considered eligible because of this paragraph.
(2) "Commodity only schools" means schools that do not
participate in the school lunch program under this chapter, but
which receive commodities made available by the Secretary for use
by such schools in nonprofit lunch programs.
(3) Disability. - The term "disability" has the meaning given
the term in the Rehabilitation Act of 1973 for purposes of title
II of that Act (29 U.S.C 760 et seq.).
(4) Local educational agency. -
(A) In general. - The term "local educational agency" has the
meaning given the term in section 7801 of title 20.
(B) Inclusion. - The term "local educational agency"
includes, in the case of a private nonprofit school, an
appropriate entity determined by the Secretary.
(5) "School" means (A) any public or nonprofit private school
of high school grade or under, and (B) any public or licensed
nonprofit private residential child care institution (including,
but not limited to, orphanages and homes for the mentally
retarded, but excluding Job Corps Centers funded by the
Department of Labor). For purposes of this paragraph, the term
"nonprofit", when applied to any such private school or
institution, means any such school or institution which is exempt
from tax under section 501(c)(3) of title 26.
(6) "School year" means the annual period from July 1 through
June 30.
(7) "Secretary" means the Secretary of Agriculture.
(8) "State" means any of the fifty States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, or the Commonwealth of the Northern Mariana
Islands.
(9) "State educational agency" means, as the State legislature
may determine, (A) the chief State school officer (such as the
State superintendent of public instruction, commissioner of
education, or similar officer), or (B) a board of education
controlling the State department of education.
(e) Value of assistance as income or resources under Federal or
State laws
The value of assistance to children under this chapter shall not
be considered to be income or resources for any purposes under any
Federal or State laws, including laws relating to taxation and
welfare and public assistance programs.
(f) Adjustment of national average payment rate for Alaska, Hawaii,
territories and possessions, etc.
In providing assistance for breakfasts, lunches, suppers, and
supplements served in Alaska, Hawaii, Guam, American Samoa, Puerto
Rico, the Virgin Islands of the United States, and the Commonwealth
of the Northern Mariana Islands, the Secretary may establish
appropriate adjustments for each such State to the national average
payment rates prescribed under sections 1753, 1759a, 1761, and 1766
of this title and section 4 of the Child Nutrition Act of 1966 [42
U.S.C. 1773], to reflect the differences between the costs of
providing meals and supplements in those States and the costs of
providing meals and supplements in all other States.
(g) Criminal penalties
Whoever embezzles, willfully misapplies, steals, or obtains by
fraud any funds, assets, or property that are the subject of a
grant or other form of assistance under this chapter or the Child
Nutrition Act of 1966 [42 U.S.C. 1771 et seq.], whether received
directly or indirectly from the United States Department of
Agriculture, or whoever receives, conceals, or retains such funds,
assets, or property to personal use or gain, knowing such funds,
assets, or property have been embezzled, willfully misapplied,
stolen, or obtained by fraud shall, if such funds, assets, or
property are of the value of $100 or more, be fined not more than
$25,000 or imprisoned not more than five years, or both, or, if
such funds, assets, or property are of a value of less than $100,
shall be fined not more than $1,000 or imprisoned for not more than
one year, or both.
(h) Combined allocation for breakfast and lunch
No provision of this chapter or of the Child Nutrition Act of
1966 [42 U.S.C. 1771 et seq.] shall require any school receiving
funds under this chapter and the Child Nutrition Act of 1966 to
account separately for the cost incurred in the school lunch and
school breakfast programs.
(i) Use of school lunch facilities for elderly programs
Facilities, equipment, and personnel provided to a school food
authority for a program authorized under this chapter or the Child
Nutrition Act of 1966 [42 U.S.C. 1771 et seq.] may be used, as
determined by a local educational agency, to support a nonprofit
nutrition program for the elderly, including a program funded under
the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.].
(j) Reimbursement for final claims
(1) Except as provided in paragraph (2), the Secretary may
provide reimbursements for final claims for service of meals,
supplements, and milk submitted to State agencies by eligible
schools, summer camps, family day care homes, institutions, and
service institutions only if -
(A) the claims have been submitted to the State agencies not
later than 60 days after the last day of the month for which the
reimbursement is claimed; and
(B) the final program operations report for the month is
submitted to the Secretary not later than 90 days after the last
day of the month.
(2) The Secretary may waive the requirements of paragraph (1) at
the discretion of the Secretary.
(k) Expedited rulemaking
(1) Not later than June 1, 1995, the Secretary shall issue final
regulations to conform the nutritional requirements of the school
lunch and breakfast programs with the guidelines contained in the
most recent "Dietary Guidelines for Americans" that is published
under section 5341 of title 7. The final regulations shall include -
(A) rules permitting the use of food-based menu systems; and
(B) adjustments to the rule on nutrition objectives for school
meals published in the Federal Register on June 10, 1994 (59 Fed.
Reg. 30218).
(2) No school food service authority shall be required to
implement final regulations issued pursuant to this subsection
until the regulations have been final for at least 1 year.
(l) Waiver of statutory and regulatory requirements
(1)(A) Except as provided in paragraph (4), the Secretary may
waive any requirement under this chapter or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), or any regulation issued under
either this chapter or such Act, for a State or eligible service
provider that requests a waiver if -
(i) the Secretary determines that the waiver of the requirement
would facilitate the ability of the State or eligible service
provider to carry out the purpose of the program;
(ii) the State or eligible service provider has provided notice
and information to the public regarding the proposed waiver; and
(iii) the State or eligible service provider demonstrates to
the satisfaction of the Secretary that the waiver will not
increase the overall cost of the program to the Federal
Government, and, if the waiver does increase the overall cost to
the Federal Government, the cost will be paid from non-Federal
funds.
(B) The notice and information referred to in subparagraph
(A)(ii) shall be provided in the same manner in which the State or
eligible service provider customarily provides similar notices and
information to the public.
(2)(A) To request a waiver under paragraph (1), a State or
eligible service provider (through the appropriate administering
State agency) shall submit an application to the Secretary that -
(i) identifies the statutory or regulatory requirements that
are requested to be waived;
(ii) in the case of a State requesting a waiver, describes
actions, if any, that the State has undertaken to remove State
statutory or regulatory barriers;
(iii) describes the goal of the waiver to improve services
under the program and the expected outcomes if the waiver is
granted; and
(iv) includes a description of the impediments to the efficient
operation and administration of the program.
(B) An application described in subparagraph (A) shall be
developed by the State or eligible service provider and shall be
submitted to the Secretary by the State.
(3) The Secretary shall act promptly on a waiver request
contained in an application submitted under paragraph (2) and shall
either grant or deny the request. The Secretary shall state in
writing the reasons for granting or denying the request.
(4) The Secretary may not grant a waiver under this subsection
that increases Federal costs or that relates to -
(A) the nutritional content of meals served;
(B) Federal reimbursement rates;
(C) the provision of free and reduced price meals;
(D) limits on the price charged for a reduced price meal;
(E) maintenance of effort;
(F) equitable participation of children in private schools;
(G) distribution of funds to State and local school food
service authorities and service institutions participating in a
program under this chapter and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.);
(H) the disclosure of information relating to students
receiving free or reduced price meals and other recipients of
benefits;
(I) prohibiting the operation of a profit producing program;
(J) the sale of competitive foods;
(K) the commodity distribution program under section 1762a of
this title;
(L) the special supplemental nutrition program authorized under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
or
(M) enforcement of any constitutional or statutory right of an
individual, including any right under -
(i) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.);
(ii) section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794);
(iii) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.);
(iv) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.);
(v) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
(vi) the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(5) The Secretary shall periodically review the performance of
any State or eligible service provider for which the Secretary has
granted a waiver under this subsection and shall terminate the
waiver if the performance of the State or service provider has been
inadequate to justify a continuation of the waiver. The Secretary
shall terminate the waiver if, after periodic review, the Secretary
determines that the waiver has resulted in an increase in the
overall cost of the program to the Federal Government and the
increase has not been paid for in accordance with paragraph
(1)(A)(iii).
(6) The Secretary shall annually submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, a
report -
(A) summarizing the use of waivers by the State and eligible
service providers;
(B) describing whether the waivers resulted in improved
services to children;
(C) describing the impact of the waivers on providing
nutritional meals to participants; and
(D) describing how the waivers reduced the quantity of
paperwork necessary to administer the program.
(7) As used in this subsection, the term "eligible service
provider" means -
(A) a local school food service authority;
(B) a service institution or private nonprofit organization
described in section 1761 of this title; or
(C) a family or group day care home sponsoring organization
described in section 1766 of this title.
(m) Procurement training
(1) In general
Subject to the availability of funds made available under
paragraph (4), the Secretary shall provide technical assistance
and training to States, State agencies, schools, and school food
authorities in the procurement of goods and services for programs
under this chapter or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) (other than section 17 of that Act (42 U.S.C.
1786)).
(2) Buy American training
Activities carried out under paragraph (1) shall include
technical assistance and training to ensure compliance with
subsection (n) of this section.
(3) Procuring safe foods
Activities carried out under paragraph (1) shall include
technical assistance and training on procuring safe foods,
including the use of model specifications for procuring safe
foods.
(4) Authorization of appropriations
There is authorized to be appropriated to carry out this
subsection $1,000,000 for each of fiscal years 2005 through 2009,
to remain available until expended.
(n) Buy American
(1) Definition of domestic commodity or product
In this subsection, the term "domestic commodity or product"
means -
(A) an agricultural commodity that is produced in the United
States; and
(B) a food product that is processed in the United States
substantially using agricultural commodities that are produced
in the United States.
(2) Requirement
(A) In general
Subject to subparagraph (B), the Secretary shall require that
a school food authority purchase, to the maximum extent
practicable, domestic commodities or products.
(B) Limitations
Subparagraph (A) shall apply only to -
(i) a school food authority located in the contiguous
United States; and
(ii) a purchase of a domestic commodity or product for the
school lunch program under this chapter or the school
breakfast program under section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
(3) Applicability to Hawaii
Paragraph (2)(A) shall apply to a school food authority in
Hawaii with respect to domestic commodities or products that are
produced in Hawaii in sufficient quantities to meet the needs of
meals provided under the school lunch program under this chapter
or the school breakfast program under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
(4) Applicability to Puerto Rico
Paragraph (2)(A) shall apply to a school food authority in the
Commonwealth of Puerto Rico with respect to domestic commodities
or products that are produced in the Commonwealth of Puerto Rico
in sufficient quantities to meet the needs of meals provided
under the school lunch program under this chapter or the school
breakfast program under section 4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773).
(o) Procurement contracts
In acquiring a good or service for programs under this chapter or
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other
than section 17 of that Act (42 U.S.C. 1786)), a State, State
agency, school, or school food authority may enter into a contract
with a person that has provided specification information to the
State, State agency, school, or school food authority for use in
developing contract specifications for acquiring such good or
service.

The Rehabilitation Act of 1973, referred to in subsec. (d)(3), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,
Labor. Title II of the Act is classified generally to subchapter II
(Sec. 760 et seq.) of chapter 16 of Title 29. For complete
classification of this Act to the Code, see Short Title note set
out under section 701 of Title 29 and Tables.
The Child Nutrition Act of 1966, referred to in subsecs. (g) to
(i), (l)(1)(A), (4)(G), (m)(1), and (o), is Pub. L. 89-642, Oct.
11, 1966, 80 Stat. 885, as amended, which is classified generally
to chapter 13A (Sec. 1771 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1771 of this title and Tables.
The Older Americans Act of 1965, referred to in subsec. (i), is
Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is
classified generally to chapter 35 (Sec. 3001 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3001 of this title and
Tables.
The Civil Rights Act of 1964, referred to in subsec.
(l)(4)(M)(i), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as
amended. Title VI of the Act is classified generally to subchapter
V (Sec. 2000d et seq.) of chapter 21 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 2000a of this title and Tables.
The Education Amendments of 1972, referred to in subsec.
(l)(4)(M)(iii), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as
amended. Title IX of the Act, known as the Patsy Takemoto Mink
Equal Opportunity in Education Act, is classified principally to
chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete
classification of title IX to the Code, see Short Title note set
out under section 1681 of Title 20 and Tables.
The Age Discrimination Act of 1975, referred to in subsec.
(l)(4)(M)(iv), is title III of Pub. L. 94-135, Nov. 28, 1975, 89
Stat. 728, as amended, which is classified generally to chapter 76
(Sec. 6101 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
6101 of this title and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (l)(4)(M)(v), is Pub. L. 101-336, July 26, 1990, 104 Stat.
327, which is classified principally to chapter 126 (Sec. 12101 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 12101 of this
title and Tables.
The Individuals with Disabilities Education Act, referred to in
subsec. (l)(4)(M)(vi), is title VI of Pub. L. 91-230, Apr. 13,
1970, 84 Stat. 175, as amended, which is classified generally to
chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete
classification of this Act to the Code, see section 1400 of Title
20 and Tables.

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

2004 - Subsec. (d)(3) to (9). Pub. L. 108-265, Sec. 108(b),
redesignated par. (8) as (3), added par. (4), and redesignated
former pars. (3) to (7) as (5) to (9), respectively.
Subsec. (m). Pub. L. 108-265, Sec. 115, added subsec. (m).
Pub. L. 108-265, Sec. 114, struck out subsec. (m), which related
to grants for food and nutrition projects for each of fiscal years
1995 through 2003.
Subsec. (p). Pub. L. 108-265, Sec. 203(i)(2), struck out subsec.
(p), which authorized grants for carrying out the demonstration
project under section 1786(r) of this title and directed the
Secretary to conduct an evaluation of such project and grant
program.
2002 - Subsec. (n)(4). Pub. L. 107-171 added par. (4).
2000 - Subsec. (p). Pub. L. 106-224 added subsec. (p).
1998 - Subsec. (d)(1)(A)(i), (ii). Pub. L. 105-336, Sec.
107(j)(3)(A)(i), struck out "mental or physical" before
"disabilities".
Subsec. (d)(8). Pub. L. 105-336, Sec. 107(j)(3)(A)(ii), added
par. (8).
Subsec. (f). Pub. L. 105-336, Sec. 104(a), substituted
"breakfasts, lunches, suppers, and supplements" for "school
breakfasts and lunches", substituted "sections 1753, 1759a, 1761,
and 1766" for "sections 1753 and 1759a", and substituted "meals and
supplements" for "lunches and breakfasts" in two places.
Subsec. (g). Pub. L. 105-336, Sec. 104(b), substituted "$25,000"
for "$10,000".
Subsec. (m)(3), (5). Pub. L. 105-336, Sec. 104(c), substituted
"2003" for "1998".
Subsec. (n). Pub. L. 105-336, Sec. 104(d), added subsec. (n).
Subsec. (o). Pub. L. 105-336, Sec. 104(e), added subsec. (o).
1996 - Subsec. (a). Pub. L. 104-193, Sec. 705(a), substituted "be
available at any reasonable time" for "at all times be available".
Subsec. (c). Pub. L. 104-193, Sec. 705(b), substituted "the
Secretary shall not" for "neither the Secretary nor the State
shall".
Subsec. (d)(1). Pub. L. 104-193, Sec. 705(c)(3), redesignated
par. (9) as (1). Former par. (1) redesignated (6).
Pub. L. 104-193, Sec. 705(c)(1), substituted "the Commonwealth of
the Northern Mariana Islands" for "the Trust Territory of the
Pacific Islands".
Subsec. (d)(2). Pub. L. 104-193, Sec. 705(c)(3), redesignated
par. (7) as (2). Former par. (2) redesignated (7).
Subsec. (d)(3). Pub. L. 104-193, Sec. 705(c)(2), (3),
redesignated par. (5) as (3) and struck out former par. (3) which
read as follows: " 'Participation rate' for a State means a number
equal to the number of lunches, consisting of a combination of
foods and meeting the minimum requirements prescribed by the
Secretary pursuant to section 1758 of this title, served in the
fiscal year beginning two years immediately prior to the fiscal
year for which the Federal funds are appropriated by schools
participating in the program under this chapter in the State, as
determined by the Secretary."
Subsec. (d)(4). Pub. L. 104-193, Sec. 705(c)(2), (3),
redesignated par. (6) as (4) and struck out former par. (4) which
read as follows: " 'Assistance need rate' (A) in the case of any
State having an average annual per capita income equal to or
greater than the average annual per capita income for all the
States, shall be 5; and (B) in the case of any State having an
average annual per capita income less than the average annual per
capita income for all the States, shall be the product of 5 and the
quotient obtained by dividing the average annual per capita income
for all the States by the average annual per capita income for such
State, except that such product may not exceed 9 for any such
State. For the purposes of this paragraph (i) the average annual
per capita income for any State and for all the States shall be
determined by the Secretary on the basis of the average annual per
capita income for each State and for all the States for the three
most recent years for which such data are available and certified
to the Secretary by the Department of Commerce; and (ii) the
average annual per capita income for American Samoa shall be
disregarded in determining the average annual per capita income for
all the States for periods ending before July 1, 1967."
Subsec. (d)(5). Pub. L. 104-193, Sec. 705(c)(3), redesignated
par. (8) as (5). Former par. (5) redesignated (3).
Subsec. (d)(6), (7). Pub. L. 104-193, Sec. 705(c)(3),
redesignated pars. (1) and (2) as (6) and (7), respectively. Former
pars. (6) and (7) redesignated (4) and (2), respectively.
Subsec. (d)(8). Pub. L. 104-193, Sec. 705(c)(3), redesignated
par. (8) as (5).
Subsec. (d)(9). Pub. L. 104-193, Sec. 705(c)(3), redesignated
par. (9) as (1).
Pub. L. 104-193, Sec. 701(b), added par. (9).
Subsec. (f). Pub. L. 104-193, Sec. 705(d), struck out "the Trust
Territory of the Pacific Islands," after "the Virgin Islands of the
United States,".
Subsec. (k)(1). Pub. L. 104-193, Sec. 705(e)(3), substituted
"with the guidelines contained in the most recent 'Dietary
Guidelines for Americans' that is published under section 5341 of
title 7" for "with the Guidelines" in introductory provisions.
Pub. L. 104-193, Sec. 705(e)(1), (2), redesignated par. (3) as
(1) and struck out former par. (1) which read as follows: "Prior to
the publication of final regulations that implement changes that
are intended to bring the meal pattern requirements of the school
lunch and breakfast programs into conformance with the guidelines
contained in the most recent 'Dietary Guidelines for Americans'
that is published under section 5341 of title 7 (referred to in
this subsection as the 'Guidelines'), the Secretary shall issue
proposed regulations permitting the use of food-based menu
systems."
Subsec. (k)(2). Pub. L. 104-193, Sec. 705(e)(1), (2),
redesignated par. (4) as (2) and struck out former par. (2) which
read as follows: "Notwithstanding chapter 5 of title 5, not later
than 45 days after the publication of the proposed regulations
permitting the use of food-based menu systems, the Secretary shall
publish notice in the Federal Register of, and hold, a public
meeting with -
"(A) representatives of affected parties, such as Federal,
State, and local administrators, school food service
administrators, other school food service personnel, parents, and
teachers; and
"(B) organizations representing affected parties, such as
public interest antihunger organizations, doctors specializing in
pediatric nutrition, health and consumer groups, commodity
groups, food manufacturers and vendors, and nutritionists
involved with the implementation and operation of programs under
this chapter and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.);
to discuss and obtain public comments on the proposed rule."
Subsec. (k)(3), (4). Pub. L. 104-193, Sec. 705(e)(2),
redesignated pars. (3) and (4) as (1) and (2), respectively.
Subsec. (k)(5). Pub. L. 104-193, Sec. 705(e)(1), struck out par.
(5) which read as follows: "The final regulations shall reflect
comments made at each phase of the proposed rulemaking process,
including the public meeting required under paragraph (2)."
Subsec. (l)(2)(A)(iii) to (vii). Pub. L. 104-193, Sec. 705(f)(1),
struck out "and" at end of cl. (iii), substituted period for
semicolon at end of cl. (iv), and struck out cls. (v) to (vii)
which read as follows:
"(v) describes the management goals to be achieved, such as fewer
hours devoted to, or fewer number of personnel involved in, the
administration of the program;
"(vi) provides a timetable for implementing the waiver; and
"(vii) describes the process the State or eligible service
provider will use to monitor the progress in implementing the
waiver, including the process for monitoring the cost implications
of the waiver to the Federal Government."
Subsec. (l)(3). Pub. L. 104-193, Sec. 705(f)(2), designated
subpar. (A) as par. (3) and struck out subpars. (B) to (D) which
read as follows:
"(B) If the Secretary grants a waiver request, the Secretary
shall state in writing the expected outcome of granting the waiver.
"(C) The result of the decision of the Secretary shall be
disseminated by the State or eligible service provider through
normal means of communication.
"(D)(i) Except as provided in clause (ii), a waiver granted by
the Secretary under this subsection shall be for a period not to
exceed 3 years.
"(ii) The Secretary may extend the period if the Secretary
determines that the waiver has been effective in enabling the State
or eligible service provider to carry out the purposes of the
program."
Subsec. (l)(4). Pub. L. 104-193, Sec. 705(f)(3)(A), substituted
"that increases Federal costs or that relates to" for "of any
requirement relating to" in introductory provisions.
Subsec. (l)(4)(D) to (K). Pub. L. 104-193, Sec. 705(f)(3)(B),
(C), redesignated subpars. (E) to (L) as (D) to (K), respectively,
and struck out former subpar. (D) which read as follows: "offer
versus serve provisions;".
Subsec. (l)(4)(L). Pub. L. 104-193, Sec. 705(f)(3)(D),
substituted "or" for "and" at end.
Pub. L. 104-193, Sec. 705(f)(3)(C), redesignated subpar. (M) as
(L). Former subpar. (L) redesignated (K).
Subsec. (l)(4)(M), (N). Pub. L. 104-193, Sec. 705(f)(3)(C),
redesignated subpar. (N) as (M). Former subpar. (M) redesignated
(L).
Subsec. (l)(6). Pub. L. 104-193, Sec. 705(f)(4), struck out
subpar. (A) and designation of subpar. (B) and redesignated cls.
(i) to (iv) of former subpar. (B) as subpars. (A) to (D). Prior to
amendment, subpar. (A) read as follows:
"(A)(i) An eligible service provider that receives a waiver under
this subsection shall annually submit to the State a report that -
"(I) describes the use of the waiver by the eligible service
provider; and
"(II) evaluates how the waiver contributed to improved services
to children served by the program for which the waiver was
requested.
"(ii) The State shall annually submit to the Secretary a report
that summarizes all reports received by the State from eligible
service providers."
1994 - Subsec. (d)(5). Pub. L. 103-448, Sec. 112(a)(1), in first
sentence struck out cl. (C) which read as follows: "with respect to
the Commonwealth of Puerto Rico, nonprofit child care centers
certified as such by the Governor of Puerto Rico" and in second
sentence struck out "of clauses (A) and (B)" after "For purposes".
Subsecs. (j) to (m). Pub. L. 103-448, Secs. 112(b)-(d), 113,
added subsecs. (j) to (m).
1989 - Subsec. (a). Pub. L. 101-147, Sec. 312(1), substituted
"school lunch" for "school-lunch".
Subsec. (b). Pub. L. 101-147, Secs. 306(b)(1), 312(1),
substituted "the Secretary's" for "his" in two places and "school
lunch" for "school-lunch".
Subsec. (d)(5). Pub. L. 101-147, Sec. 306(b)(2), substituted
"Internal Revenue Code of 1986" for "Internal Revenue Code of
1954", which for purposes of codification was translated as "title
26" thus requiring no change in text.
Subsec. (d)(8). Pub. L. 101-147, Sec. 306(a)(1), amended par.
(8), as amended identically by Pub. L. 99-500 and 99-591, Sec.
373(a), and Pub. L. 99-661, Sec. 4503(a), to read as if only the
amendment by Pub. L. 99-661 was enacted, resulting in no change in
text, see 1986 Amendment note below.
Subsec. (g). Pub. L. 101-147, Sec. 306(b)(3), substituted
"personal" for "his" before "use".
Subsec. (i). Pub. L. 101-147, Sec. 306(b)(4), struck out "(42
U.S.C. 1771 et seq.)" after "Child Nutrition Act of 1966" and "(42
U.S.C. 3001 et seq.)" after "Older Americans Act of 1965".
Pub. L. 101-147, Sec. 306(a)(2), amended subsec. (i), as amended
identically by Pub. L. 99-500 and 99-591, Sec. 326, and Pub. L. 99-
661, Sec. 4206, to read as if only the amendment by Pub. L. 99-661
was enacted, resulting in no change in text, see 1986 Amendment
note below.
1987 - Subsec. (d)(5). Pub. L. 100-71 amended par. (5) generally.
Prior to amendment, par. (5) read as follows: " 'School' means (A)
any public or nonprofit private school of high school grade or
under, (B) any public or licensed nonprofit private residential
child care institution (including, but not limited to, orphanages
and homes for the mentally retarded, but excluding Job Corps
Centers funded by the Department of Labor), and (C) with respect to
the Commonwealth of Puerto Rico, nonprofit child care centers
certified as such by the Governor of Puerto Rico. For purposes of
clauses (A) and (B) of this paragraph, the term 'nonprofit', when
applied to any such private school or institution, means any such
school or institution which is exempt from tax under section
501(c)(3) of title 26. On July 1, 1988, and each July 1 thereafter,
the Secretary shall adjust the tuition limitation amount prescribed
in clause (A) of the first sentence of this paragraph to reflect
changes in the Consumer Price Index for All Urban Consumers during
the most recent 12-month period for which the data is available."
1986 - Subsec. (d)(5). Pub. L. 99-661, Sec. 4205(a)(2), inserted
"On July 1, 1988, and each July 1 thereafter, the Secretary shall
adjust the tuition limitation amount prescribed in clause (A) of
the first sentence of this paragraph to reflect changes in the
Consumer Price Index for All Urban Consumers during the most recent
12-month period for which the data is available."
Subsec. (d)(5)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec.
325(a), which directed the amendment of subpar. (A) by striking out
"except private schools whose average yearly tuition exceeds $1,500
per child," after "grade or under," was executed by striking out
"except private schools whose average yearly tuition exceeds $2,000
per child," after "grade or under," to reflect the probable intent
of Congress and the intervening amendment of subpar. (A) by Pub. L.
99-661, Sec. 4205(a)(1). See below.
Pub. L. 99-661, Sec. 4205(a)(1), substituted "$2,000" for
"$1,500".
Subsec. (d)(8). Pub. L. 99-500 and Pub. L. 99-591, Sec. 373(a),
and Pub. L. 99-661, Sec. 4503(a), amended subsec. (d) identically,
adding par. (8).
Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 326, and
Pub. L. 99-661, Sec. 4206, amended section identically, adding
subsec. (i).
1981 - Subsec. (d). Pub. L. 97-35, Sec. 819(c)(1), struck out
par. (3) which defined "food service equipment assistance", and
redesignated pars. (4) to (8) as (3) to (7), respectively.
Pub. L. 97-35, Sec. 808(a), inserted reference to private schools
in par. (6).
Pub. L. 97-35, Sec. 813(d), added par. (8).
Subsec. (h). Pub. L. 97-35, Sec. 819(c)(2), struck out provisions
relating to net cost of operating limitation.
1980 - Subsec. (d)(6). Pub. L. 96-499 inserted ", but excluding
Job Corps Centers funded by the Department of Labor".
1978 - Subsec. (d)(7). Pub. L. 95-627, Sec. 10(b), substituted
"from July 1 through June 30" for "determined in accordance with
regulations issued by the Secretary".
Subsecs. (f), (g). Pub. L. 95-627, Sec. 10(a), added subsecs. (f)
and (g).
Subsec. (h). Pub. L. 95-627, Sec. 6(a), added subsec. (h).
1977 - Subsec. (d)(3). Pub. L. 95-166, Sec. 3, substituted "food
service equipment assistance" for "nonfood assistance".
Subsec. (d)(7). Pub. L. 95-166, Sec. 19(c), added par. (7).
1975 - Subsec. (d)(1). Pub. L. 94-105, Sec. 9(b), inserted
reference to Trust Territory of the Pacific Islands.
Subsec. (d)(3) to (7). Pub. L. 94-105, Sec. 9(a), (c), struck out
par. (3) defining "Nonprofit private schools", redesignated pars.
(4) to (7) as (3) to (6), respectively, and in par. (6), as so
redesignated, expanded definition of "school" to include any public
or licensed nonprofit private residential child care institution,
including, but not limited to, orphanages and homes for the
mentally retarded, and inserted provision defining "nonprofit" as
any school or institution exempt under section 501(c)(3) of title
26.
Subsec. (e). Pub. L. 94-105, Sec. 9(d), added subsec. (e).
1970 - Subsec. (d)(5). Pub. L. 91-248 provided that data upon
which State apportionments are calculated is program year completed
two years immediately prior to fiscal year for which appropriation
is requested.
1962 - Subsec. (c). Pub. L. 87-823 struck out requirement of just
and equitable distribution of funds in States maintaining separate
schools for minority and majority races.
Subsec. (d). Pub. L. 87-823 redefined "State" in par. (1) to
recognize Hawaiian and Alaskan statehood and to include American
Samoa; "State educational agency" in par. (2) to exclude an
exception applicable to the District of Columbia and language which
was effective by its terms only through June 30, 1948; "nonprofit
private school" in par. (3), substituting "section 501(c)(3) of
title 26" for "section 101(6) of title 26"; and "nonfood
assistance" in par. (4), substituting "used by schools" for "used
on school premises"; and added pars. (5) to (7).
Pub. L. 87-688 inserted "American Samoa," after "Guam".
1952 - Subsec. (d)(1). Act July 12, 1952, included Guam within
definition of State.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-171 effective Oct. 1, 2002, except as
otherwise provided, see section 4405 of Pub. L. 107-171, set out as
an Effective Date note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-224 effective Oct. 1, 2000, see section
242(c) of Pub. L. 106-224, set out as a note under section 1758 of
this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-336 effective Oct. 1, 1998, see section
401 of Pub. L. 105-336, set out as a note under section 1755 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 112(a)(2) of Pub. L. 103-448 provided that: "The
amendments made by paragraph (1) [amending this section] shall
become effective on October 1, 1995."
Amendment by sections 112(b)-(d) and 113 of Pub. L. 103-448
effective Oct. 1, 1994, see section 401 of Pub. L. 103-448, set out
as a note under section 1755 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 101(c) of Pub. L. 100-71 provided that: "The amendments
made by subsections (a) and (b) [amending sections 1760 and 1784 of
this title] shall take effect on July 1, 1987."
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 4205(c) of Pub. L. 99-661 provided that:
"(1) The amendments made by subsections (a)(1) and (b)(1)
[amending sections 1760 and 1784 of this title] shall apply for the
fiscal year beginning on October 1, 1986, and each school year
thereafter.
"(2) The amendments made by subsections (a)(2) and (b)(2)
[amending sections 1760 and 1784 of this title] shall apply for the
school year beginning on July 1, 1988, and each school year
thereafter."
Section 325(c) of Pub. L. 99-500 and Pub. L. 99-591 provided
that: "The amendments made by this section [amending sections 1760
and 1784 of this title] shall take effect July 1, 1987."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by sections 808 and 819 of Pub. L. 97-35 effective Oct.
1, 1981, and amendment by section 813 of Pub. L. 97-35 effective 90
days after Aug. 13, 1981, see section 820(a)(3)-(5) of Pub. L. 97-
35, set out as a note under section 1753 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-627 effective Oct. 1, 1978, see section
14 of Pub. L. 95-627, set out as a note under section 1755 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 19 of Pub. L. 95-166 provided that the amendment made by
that section is effective July 1, 1977.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-688 applicable only with respect to funds
appropriated after Sept. 25, 1962, see section 3(b) of Pub. L. 87-
688, set out as a note under section 1753 of this title.
EFFECTIVE DATE OF 1952 AMENDMENT
Amendment by act July 12, 1952, effective only with respect to
funds appropriated after July 12, 1952, see section 1(d) of act
July 12, 1952, set out as a note under section 1753 of this title.
STUDY OF COST ACCOUNTING REQUIREMENTS
Section 21 of Pub. L. 94-105 prohibited Secretary from delaying
or withholding or causing any State to delay or withhold payments
for reimbursement of per-meal costs on basis of noncompliance with
cost accounting procedures until requirements of subsec. (b) of
this section have been met, and called for a study by Secretary of
additional personnel and training needs of States, school
districts, and schools resulting from requirement of full cost
accounting procedures, such report with recommendations to be
submitted to appropriate committees of Congress within one year
after Oct. 7, 1975.